Appendix B: Sample Section 504 and ADA Notice Procedural Safeguards (Source: Perry A. Zirkel)
For students suspected of being eligible solely under the Section 504 and the Americans with Disabilities Act definition of an individual with a disability, but not also eligible under the generally more limited “disability” definition in the Individuals with Disabilities Education Act, questions commonly arise as to compliance procedures with the regard to parental notice. In the accompanying box, we provide the essential ingredients of such a form. In addition, districts may wish to add other, discretionary features, such as: 1. An introductory section citing and describing the nondiscrimination obligation of Section 504 and the ADA. 2. More details about the listed procedural rights, such as an explanation of the term “educational placement” and “significant change in placement” in this pure (rather than overlapping with the IDEA) 504/ADA context and about the regulatory requirements for evaluation and placement. 3. A list of the eligible child’s substantive rights, such as the Sec. 504 definition of free and appropriate public education and its least restrictive environment requirements for academic and nonacademic settings. 4. And other, more general requirements, such as your grievance procedure and 504/ADA coordinator. In any event, it is advisable to develop a procedure to document parents’ receipt of this notice. Do not confuse this notice of procedural safeguards with its IDEA counterpart (34 C.F.R. §§ 300.503-300.504), which is more extensive and only applies to “double-covered” students, i.e., those who are eligible under the IDEA, not just 504/ADA. Similarly, do not confuse this Sec. 504 individual-notice requirement (34 C.F.R. § 104.36) with its more general minimal institutional- notice requirement (34 C.F.R. § 104.8 and 28 C.F.R. § 35.106) of nondiscrimination based on disability. Use this procedural safeguards notice drafted by Perry Zirkel to ensure that you are in compliance with Section 504 and the Americans with Disabilities Act. Refer to the article above for ideas on how you can customize this form to fit the needs of your particular district.
BP 2003 – Civil Rights Protection and 504 Accommodations Desert Mountain Charter Special Education Local Plan Area (DMCS) (rev. 09/17)
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